REGIONAL WORKSHOP AIMED AT PROMOTING RATIFICATION OF THE BASEL PROTOCOL ON LIABILITY AND COMPENSATION FOR DAMAGE RESULTING FROM TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL. ADDIS ABABA, ETHIOPIA, 30 AUG. SEPT 2004.

QUESTION NO. 2

RATIFICATION

INTRODUCTION

The procedures for the ratification of international treaties in Ghana, are derived from Article 75 (1) (2) of the Constitution of the Republic of Ghana which was adopted in 1992

The said Article provides as follows:

“The president may execute or cause to be executed treaties, agreements or conventions lint he name of the Ghana. A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by-

(a)Act of Parliament; or

(b)A resolution of Parliament supported by the votes of more than one half of all the members of Parliament.”

  1. Yes. Approvals have been given by Cabinet and Parliament for Ghana to ratify the Protocol. Currently the Ministry of Foreign Affairs is working on the preparation of the Instrument of Ratification for the President’s signature.
  1. (a) The ratification process for any international treaty must be initiated by the Ministry with supervisory powers in respect of the subject covered by the said treaty.

The ratification process starts with the submission of a memorandum to Cabinet seeking approval for the ratification. The memorandum must cover the following matters:

  • a clear statement of objective(s) and purpose and what Cabinet is supposed to approve;
  • concise background information;
  • justification of objective(s) and purpose on political, social and economic grounds;
  • state whether legal, financial labour and other considerations are involved;
  • a clear statement to indicate that all relevant Ministries and Institutions have been consulted, preferably at Ministerial level, and that agreement has been reached on all key issues. Differences where necessary should be highlighted.

Memoranda is required to be submitted under the signature of Ministers

and should not be more than 5 pages.

(b)Yes, for environmental treaties, the Ministry of Environment and Science retains the leading role in providing guidance.

(c)The Ministry is however required to consult with relevant Ministries

and institutions that may have an interest in the implementation of the

treaty before the memorandum is submitted to Cabinet

(d)Parliament may be described as the final decision maker in the process.

  1. In Ghana, international treaties have no automatic application until

National legislation has been adopted to implement the provisions of the

Treaty

  1. There are no special difficulties with the ratification process as has been noted above except that there has been a slight delay at the Foreign Ministry which has to prepare the Instrument of Ratification for the President’s signature prior to deposit with the depositary. It must be noted however that the adoption of implementing legislation may be embroiled in a lengthier debate because of the financial burdens involved.
  1. The Ministry is liaising with the Foreign Ministry to have the Instrument

of Ratification prepared for the President’s signature and this is due for completion soon.

  1. There will be no need for any action on the part of the Basel Convention

Secretariat to facilitate Ghana’s ratification of the Protocol.

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